[1]
Editor's Note — Ord. no. 1745 §1, adopted June
23, 2008, amended this Article to read as set out herein. Former article
IV "Economically Depressed Assistance Program" derived from ord. no.
1362 §1, 8-14-2001.
[Ord. No. 1745 §1, 6-23-2008]
A.
There
is hereby established the Hermann Energy Assistance and Lending Program
(hereinafter the "program") which shall serve the
purpose of identifying and providing relief to those citizens of the
Hermann community who are unable, because of conditions or status
such as physical or mental handicap or medical condition, inadequate
education, age, loss of employment or other causes producing like
results, to meet their own reasonable needs for a minimally acceptable
living environment for themselves and immediate family residing together.
B.
The
purposes of the program may be accomplished by any lawful means chosen
by the Board of Directors, which may include, but not be limited to,
purchasing, lending, installing, repairing, replacing, preparing premises
for the acceptance and use of, and advising in the proper and economical
use of heating and cooling devices for eligible persons; providing
or coordinating the providing of services and advice in available
means of insulating and weatherproofing the dwelling places of eligible
persons; lending or granting funds in emergency situations for the
payment of utility charges incurred for heating or cooling the dwelling
places of eligible persons during peak electrical or natural gas usage
periods; and providing information to eligible persons about the availability
of the benefits of the program.
C.
In
performing its duties as established in this Section, the Board shall
have authority to act upon information received by it from any source
found to be reliable.
D.
Eligibility
of a person to participate in and to receive the benefits of the program
shall be determined on an equal-opportunity and objective basis by
the Board, which may adopt written rules and guidelines for eligibility,
and which may include, among other factors deemed by it to be appropriate,
consideration of the following for any prospective recipient of aid:
1.
Eligibility for or participation in the Missouri Food Stamp program;
reduced price lunch program of the local public school; benefits under
the Missouri aid for dependent children program; benefits under the
Missouri Medicaid program; benefits under any Missouri program for
financial aid to the elderly or needy.
2.
Annual family gross income less than the Federal poverty level.
3.
Severe or unusually high expenses for recent medical or other health-related
treatment, services or prescription drugs which have had a substantial
negative impact on the prospective recipient's disposal income or
resources.
4.
Referral to the program by any agency of the State of Missouri or
by any other non-profit social welfare or faith-based organization
which has assessed the needs and resources of such person by reference
to criteria similar to those approved or used by the Board.
[Ord. No. 1745 §1, 6-23-2008]
A.
There
is hereby established and authorized a separate fund of the City of
Hermann to be known as the Hermann Energy Assistance and Lending Program
Fund ("fund").
City utility customers may specify amounts they wish to contribute
to the fund, which contributions may be solicited, pledged and paid
according to procedures and rules established by the Board.
The fund may also be composed of appropriations made by the
Board of Aldermen from the net revenues derived from the operation
of the utilities and utility distribution systems owned by the City
of Hermann to the extent such revenues are not pledged or encumbered
by the terms of outstanding review bonds or by applicable provisions
of State or Federal law or regulation, or from other available resources
of the City for accomplishment of the purposes of the program, plus
other funds received from donations, grants or other sources available
to it and intended for use to aid in economically depressed or disadvantaged
persons within the City. From time to time, the City of Hermann may
appropriate additional funds to support the program as determined
by the Board of Aldermen. Such fund shall be used exclusively for
the purposes of the program as stated in this Article. All deposits
to such fund shall be dedicated for only such purpose as outlined
in the program. Such fund may be drawn upon by such City Officers
who are authorized to draw upon other City funds, but only pursuant
to warrants, vouchers, purchase orders or other written directions
signed by the Chairman or other designated Directors of the program's
Board.
B.
In
the event the termination of the program or dissolution of the Board
of Directors for said program for any reason, any money remaining
in the fund which is an unexpended and uncommitted portion of an appropriation
from the net utility revenues of the City shall be returned pro rata
to such utility accounts from which the appropriations were made in
the current or immediately preceding fiscal year; and any remaining
balance shall be maintained and used, if feasible, for purposes consistent
with those of the program and may be transferred to a similar public
or governmental body or not-for-profit corporation whose main purpose
is the relief and protection of economically depressed or disadvantaged
persons within the Hermann area.
[Ord. No. 1745 §1, 6-23-2008]
A.
The
program shall be administered by a Board of Directors ("Program Board")
appointed by the Mayor with the approval of the Board of Aldermen.
The Program Board shall consist of five (5) persons, of whom not fewer
than two (2) nor more than three (3) shall be elected or appointed
officials of the City of Hermann (which may, but need not always,
include the Mayor). The President of the Hermann Ministerial Alliance
shall also be a Board Member. The remaining member(s) shall reside
in the City of Hermann or within a radius of fifteen (15) aerial miles
from the main City office. Directors shall be appointed to a term
of two (2) years and shall serve until their successors are duly appointed;
except that in the first (1st) year of the program, the Mayor shall
designate two (2) of the appointed Directors to serve an initial term
of one (1) year. There is no limit on the number of terms a member
may serve and a member may succeed himself. In the event of a vacancy
on the Program Board, whether from death, resignation or removal of
a member, the Mayor shall as quickly as possible appoint a successor
to fill the remainder of the unexpired term of such member.
B.
Any
Director may be removed with cause by the Mayor and a majority of
the Board of Aldermen. For the purpose of this Article, "cause" shall include, but not be limited to, the failure to perform in
a timely manner the duties of the Program Board relative to administration
of the program or violation of any relevant provision of State or
Federal law or local ordinance, or any act of self-dealing or nepotism
in the administration of the program.
C.
No
Director shall receive any compensation for the performance of the
duties of such office, but Directors may be reimbursed from the budgeted
funds of the program for any reasonable, necessary and actual out-of-pocket
expense incurred in the performance of such duties, upon approval
of a majority of the Program Board.
D.
The
Program Board shall elect annually from its own members a Chairman,
who shall be the chief officer and spokesperson for the Board, and
one (1) Treasurer which shall be charged with managing the books and
records of the Board and disburse funds as directed by the Board.
E.
The
Program Board is authorized to establish rules and regulations implementing
the Program.
[Ord. No. 1745 §1, 6-23-2008]
The Program Board of Directors shall have the authority to accept
on behalf of the City of Hermann any donation or grant of money, personal
property or real estate for the benefit of the program to be held
and used according to the terms of the grant, gift, deed, devise or
bequest of such property, so long as not inconsistent with the terms
and purposes of the program. The City of Hermann shall have the authority
to accept donations for the program, which shall be earmarked specifically
for the program and then disburse theses funds to the Program Board
for said program. In addition, the City of Hermann will establish
a system of collections and periodically promote the raising of donations
of the use for the program.
